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BV/B1, LLC v. INVESTORSBANK

No. 2009AP2721.

792 N.W.2d 622 (2010)

2010 WI App 152

BV/B1, LLC, Plaintiff-Appellant, v. INVESTORSBANK, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed October 26, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Kathy L. Nusslock and Gregory J. Sell of Davis & Kuelthau, S.C., and Beth Ermatinger Hanan of Gass Weber Mullins LLC, Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Dean P. Laing of O'Neil, Cannon, Hollman, DeJong & Laing S.C., Milwaukee.

Before FINE, KESSLER and BRENNAN, JJ.

BRENNAN, J.

¶ 1 BV/B1, LLC, appeals from a declaratory judgment awarding InvestorsBank $833,798.52 in prepayment penalty fees following a summary judgment hearing. BV/B1 argues that the clause on which the circuit court relied is subject to at least four different logical interpretations, thereby making the clause ambiguous and inappropriate for construction on summary judgment. BV/B1 also argues that the circuit court...

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